Terms & Conditions - Support

TERMS AND CONDITIONS OF SUPPORT


1. Interpretation
1.1 In these Terms:
“Company” means MKM Technology Pty Ltd or any of its trading / business names
“Customer” means the purchaser of a support contract / agreement from the Company.
"Support Contract" means any of the levels of support contract / agreement that is sold / provided / delivered by the Company to the Customer.
“Support” means any of the levels of support contract / agreement that is sold / provided / delivered by the Company to the Customer.
"IT System" means the IT equipment, software and servcies that are maintained by the Company, and may differ according to the support contract /agreement
“Terms” means these terms and conditions of support.
2. Application
2.1 These Terms apply to all contracts for the sale / provision of Support by the Company.
2.2 No amendment, alteration, waiver or cancellation of any of these Terms is binding on the Company unless confirmed by the Company in writing.
2.3 The Customer acknowledges that no employee or agent of the Company has any right to make any representation, warranty or promise in relation to the Support or the sale of Support other than as contained in these Terms.
3. Prices
3.1 Prices are determined at the time of agreeing to a suitable level of Support.
3.2 Where Support already exists prices are subject to change with 30 days notice to the Customer.
4. Payment
4.1 Payments are to be made to the Company without any deduction or discount other than as stated in these Terms or in the relevant invoice or statement.
4.2 An approved Trading Account is required.
5. Purpose of Support
5.1 The Customer depends on an IT System.
5.2 The Support contract / agreement sets out how the Company will provide maintenance and support services for the IT system. It describes for which items the Company will provide support, what activities the Company will perform, and how the Customer can expect problems with the IT System to be handled.
6. Key Client Responsibilities
6.1 The Customer will use the IT Sysem as intended by the Client
6.2 Additionally the client will :
a) keep the operating system and installed programmes up to date
b) if the IT System is connected to the internet, it is the Customers responsibiity to provide and keep updated reputable Anttvirus software. While the Company may install Antivirus, this may only be for a limited period of time.
c) provide the Company access to equipment, software and services for the purpose of maintenance, updates and fault prevention
d) keep the company informed about potential changes to its IT System
e) maintain good communication with the Company at all times
f) maintain a fast and stable internet connection for the IT equipment where the Support level requires remote access

g)  comply with directions from Company staff in relation to troubleshooting any issue and facilitating any repair or replacement
7. Reactive Support
7.1 The Company will also provide reactive support servcies to the client
7.2 All support issues should be raised via the Contact Us Webform.
7.4 Priority issues  may be directed to (08) 9331 3549 and following the prompts.
7.5 All support issues will be assessed and prioritised by the Company acording to Company guidelines
8. Exclusions
8.1 A support contract / agreement is written in a spirit of partnership and the Company will always make the best possible effort to provide support and rectify problems as requested, but will only apply to the IT System listed
8.2 Support does not cover problems caused by using equipment, software or servcies in a way that is not recommended
8.3 Support will not apply where the Customer has made unauthorised changes to the configuration or set up of equipment, software or services
8.4 Support will be delayed where the Customer has prevented the Company from accessing the IT System to perform required maintenance or updates
8.5 Support does not include the removal of virus, trojans, worms or other software that impacts on the performance of the IT System
8.6 Support may be limited to Business Hours and applicable charges may apply for After Hours Support
8.7 Support may be limited to Online, Email, Phone, Remote or a combination of these and charges may apply for accessing other levels of support
8.8 Support generally does not include sending a technician to site and visits to a Customers site may be chargeable
9. Levels of Support
9.1 The detailed contents of a support agreement / contract may vary from those posted online
9.2 The current levels of Support can be found here.
10. Limited Liability
10.1 These Terms do not affect the rights, entitlements and remedies conferred by the Trade Practices Act 1974.
10.2 The Company is not subject to, and the Customer releases the Company from, any liability (including but not limited to consequential loss or damage) because of any delay in delivery or fault or defect in the Support provided. The Customer acknowledges that the Company is not liable for any claim, damage or demand resulting from such non-compliance.
10.3 The Company will not be liability for any consequential loss or damage or other direct or indirect loss or damage.
11 . Warranties
11.1 Refer to separate document entitled “Terms & Conditions – Warranties”.
12. Sales
12.1 Refer to separate document titled “Terms & Conditions – Sales”.
13. Contract
13.1 The terms of the Contract are wholly contained in these Terms and any other writing signed by both parties. The Contract is deemed to have been made at the Company’s place of business where an order was placed and any cause of action is deemed to have arisen there.
14. Cancellation
14.1 Where a periodic Support Agreement is in place, the Customer may cancel with 30 days written notice to support@oscarpos.com.au.
14.2 Where a periodic Support Agreement is in place, the Company may cancel with 30 days written notice to the onfile email address.

15. Force Majeure
15.1 The Company will not be liable for any breach of contract due to any matter or thing beyond the Company’s control (including but not limited to transport stoppages, transport breakdown, fire, flood, earthquake, acts of God, strikes, lock-outs,work stoppages, wars, riots or civil commotion, intervention or public authority, explosion or accident.
16. Waiver of Breach
16.1 No failure by the Company to insist on strict performance of any of these Terms is a waiver of any right or remedy which the Company may have, and is not a waiver of any subsequent breach or default by the Customer.
17. No Assignment
17.1 Neither the Contract, nor any rights under the Contract may be assigned by the Customer without the prior written consent of the Company, which is at the Company’s absolute discretion.
18. Severability
18.1 If any provision contained in these Terms is held by a court to be unlawful, invalid or unenforceable, the validity and enforceability of the remaining provisions are not affected.
19. Governing Law
19.1 These Terms and the Contract shall be governed by the law of Western Australia and the parties submit to the courts of Western Australia in respect of any dispute arising.